If they allowed the jury to return a not-guilty verdict I don't think the judge can set it aside then even it they had confessed. If so there would be no such thing as jury nullification it the judge can overrule the jury like that. I don't have any details other than the news article but quite a few cases back then were decided in the same type method that the jury took the law into their own hands no matter what the evidence or law. This is jury nullification at its best.
Judgement nothwithstanding the verdict is an accepted rule of law. It is not used often, but is indeed used in criminal as well as civil trials--more so the latter. Verdicts being set aside and a new trial ordered is the usual procedure as opposed to a simple reversal of the jury's verdict. But the judge has the option. It would, of course, have to stand up to the appeal process, so he better have a strong argument for doing so.
JNOV = JUDGMENT NOTWITHSTANDING THE VERDICT
A trial court may disregard a jury’s verdict and render a jnov if the evidence is legally insufficient to
support the jury’s findings or if a directed verdict would have been proper because a legal principle
precludes recovery. Tex. R. Civ. P. 301; Brown v. Bank of Galveston, 963 S.W.2d 511, 513 (Tex.1998);
Fort Bend County Drainage Dist. v. Sbrusch, 818 S.W.2d 392, 394 (Tex.1991); Williams v. Briscoe, 137 S.
W.3d 120, 124 (Tex. App.—Houston [1st Dist.] 2004, no pet.); John Masek Corp. v. Davis, 848 S.W.2d
170, 173 (Tex. App.—Houston [1st Dist.] 1992, writ denied). To determine whether the trial court erred in
granting a jnov, we view the evidence in the light most favorable to the verdict. See Weirich v. Weirich,
833 S.W.2d 942, 945 (Tex. 1992). If more than a scintilla of competent evidence supports the jury’s
findings, we must reverse the jnov. Leitch v. Hornsby, 935 S.W.2d 114, 118 (Tex. 1996); Old Republic
Ins. Co. v. EX-IM Servs. Corp., 920 S.W.2d 393, 395 (Tex. App.—Houston [1st Dist.] 1996, no writ). When
the evidence supporting the finding, as a whole, rises to a level that would lead reasonable and fair-
minded people to differ in their conclusions, the evidence comprises more than a scintilla. Williams, 137 S.
W.3d at 124; see Burroughs Wellcome Co. v. Crye, 907 S.W.2d 497, 499 (Tex. 1995).
Laine v. Farmers Ins. Exchange (Tex.App.- Houston [1st Dist.] Feb. 4, 2010)(Bland) (JNOV judgment
notwithstanding the verdict) (insurance law, insurance coverage litigation, punitive damages, UM policy,
drunk driver, exemplary damages)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Hon. Wilson, Justices Bland and Massengale
01-08-01010-CV Sandra Gervais Laine v. Farmers Insurance Exchange
Appeal from 334th District Court of Harris County
Trial Court Judge: Hon Sharon McCally
A trial court may disregard a jury's verdict and render a judgment notwithstanding the verdict if no
evidence supports one or more of the jury's findings or if a directed verdict would have been proper. Tiller
v. McLure, 121 S.W.3d 709, 713 (Tex. 2003).
STANDARD OF REVIEW ON APPEAL FOR JNOV
When examining a legal-sufficiency challenge, we review the evidence in the light most favorable to the
challenged finding and indulge every reasonable inference that would support it. City of Keller v. Wilson,
168 S.W.3d 802, 822 (Tex. 2005). We credit favorable evidence if reasonable jurors could and disregard
contrary evidence unless reasonable jurors could not. Id. at 827. The evidence is legally sufficient if it
would enable reasonable and fair-minded people to reach the verdict under review. Id.
Pues v. Veterans of Foreign Wars Post No. 8246 (Tex.App.- Houston [14th Dist.] Aug. 27, 2009)(Brown)
(JNOV affirmed, jury verdict disregarded)(no liability for personal injuries sustained in tree cutting
accident, employee or independent contractor, control over details of work)
AFFIRMED: Opinion by Justice Brown
Before Justices Frost, Brown and Boyce
14-08-00333-CV Harold Randall Pues v. Veterans of Foreign Wars Post No. 8246
Appeal from 260th District Court of Orange County
Trial Court Judge: Judge Buddie J Hahn
We review a judgment notwithstanding the verdict under a legal-sufficiency standard, viewing the evidence
and inferences in the light most favorable to the jury's finding. City of Keller v. Wilson, 168 S.W.3d 802,
823 (Tex. 2005). We sustain the granting of a judgment notwithstanding the verdict based on "no
evidence" when the record shows: (1) a complete lack of evidence of a vital fact; (2) the trial court is
barred by the rules of law or evidence from giving weight to the only evidence offered to prove a vital fact;
(3) the evidence offered to prove a vital fact is not more than a scintilla; or (4) the evidence establishes
conclusively the opposite of a vital fact. Id. at 810; see also Tiller v. McLure, 121 S.W.3d 709, 713 (Tex.
2003) (holding trial court may grant judgment notwithstanding verdict if there is no evidence to support
jury's finding on issue necessary to liability).
If more than a scintilla of evidence supports the jury's finding, "the jury's verdict, and not the trial court's
judgment must be upheld." Wal-Mart Stores, Inc. v. Miller, 102 S.W.3d 706, 709 (Tex. 2003). More than a
scintilla of evidence exists when the evidence "rises to a level that would enable reasonable and fair-
minded people to differ in their conclusions." Ford Motor Co. v. Ridgway, 135 S.W.3d 598, 601 (Tex.
2004) (quoting Merrell Dow Pharm., Inc. v. Havner, 953 S.W.2d 706, 711 (Tex. 1997)). Evidence that is
"so weak as to do no more than create a mere surmise," however, is no more than a scintilla and, thus, no
evidence. Id. (quoting Kindred v. Con/Chem, Inc., 650 S.W.2d 61, 63 (Tex. 1983)).
Requena v. Otis Elevator Company and Fisk Electric Co. (Tex.App.- Houston [1st Dist.] Oct. 15, 2009)
(Keyes) (personal injury - freight elevator, negligence, no breach of duty, JNOV affirmed)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Keyes
Before Justices Keyes, Alcala and Hanks
01-08-00378-CV Jose Hermilo Requena and Mary Sue Requena v. Otis Elevator Company and Fisk
Electric Company Appeal from 215th District Court of Harris County
Trial Court Judge: Hon. Levi J. Benton
If the trial court does not state its grounds for granting a motion for judgment notwithstanding the verdict ,
as is the case here, the ruling will be upheld if any of the stated grounds in the motion will uphold the
judgment. Fort Bend County Drainage Dist. v. Sbrusch, 818 S.W.2d 392, 394 (Tex. 1991). It is the
appellant's burden to discredit each ground in the appellee's motion. Kenneco Energy, 921 S.W.2d at
259; Friedman v. Houston Sports Ass'n, 731 S.W.2d 572, 573 (Tex. App.--Houston [1st Dist.] 1987, writ
ref'd n.r.e.).
JUDGMENT NON OBSTANTE VEREDICTO
(JUDGMENT NOTWITHSTANDING THE VERDICT RENDERED OF THE JURY)
A trial court may disregard a jury finding and enter a judgment notwithstanding the verdict (“JNOV”) if the
finding is immaterial or if there is no evidence to support one or more of the jury findings on issues
necessary to liability. Tiller v. McClure, 121 S.W.3d 709, 713 (Tex. 2003); Spencer v. Eagle Star Ins. Co.
of Am., 876 S.W.2d 154, 157 (Tex. 1994); Williams v. Briscoe, 137 S.W.3d 120, 124 (Tex. App.—Houston
[1st Dist.] 2004, no pet.). A trial court may grant a motion for JNOV if a directed verdict would have been
proper. Tex. R. Civ. P. 301.
A question is “immaterial” when it should not have been submitted to the jury, it calls for a finding beyond
the province of the jury, such as a question of law, or when it was properly submitted but has been
rendered immaterial by other findings. Se. Pipe Line Co. v. Tichacek, 997 S.W.2d 166, 172 (Tex. 1999);
Spencer, 876 S.W.2d at 157.
To determine whether there is no evidence to support the jury verdict, we view the evidence in a light that
tends to support the finding of the disputed fact and disregard all evidence and inferences to the contrary.
Tiller, 121 S.W.3d at 713. We sustain the granting of a JNOV based on “no evidence” when the record
discloses one of the following:
(1) a complete absence of evidence of a vital fact;
(2) the trial court is barred by the rules of law or evidence from giving weight to the only evidence offered
to prove a vital fact;
(3) the evidence offered to prove a vital fact is not more than a scintilla; or
(4) the evidence establishes conclusively the opposite of a vital fact. City of Keller v. Wilson, 168 S.W.3d
802, 810 (Tex. 2005); Tiller, 121 S.W.3d at 713.
More than a scintilla of evidence exists if the evidence supporting the finding “rises to a level that would
enable reasonable and fair-minded people to differ in their conclusions.” Burroughs Wellcome Co. v. Crye,
907 S.W.2d 497, 499 (Tex. 1995).
When, as here, a trial court specifies the ground upon which it grants a JNOV, an appellant need only
challenge the ground relied upon by the trial court. Voskamp v. Arnoldy, 749 S.W.2d 113, 118 (Tex. App.
—Houston [1st Dist.] 1987, writ denied). However, the appellee may assert on appeal the grounds that it
alleged in its motion for JNOV, but that were not relied upon by the trial court, to attempt to vitiate the jury’
s verdict. Tex. R. App. P. 38.2(b); Tex. R. Civ. P. 324(c); Voskamp, 749 S.W.2d at 118.
MasTec North America, Inc. v. El Paso Field Services, LP (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)
(Higley) (breach of contract, JNOV reversed, entry of judgment on jury verdict ordered)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Higley
Before Justices Jennings, Keyes and Higley
01-07-00319-CV MasTec North America, Inc. and Mastec, Inc. v. El Paso Field Services, L.P. and
Gulfterra South Texas, L.P. f/n/a El Paso South Texas, L.P. Appeal from 334th District Court of Harris
County Dissenting Opinion by Justice Jennings
A court may disregard a jury's verdict and render judgment notwithstanding the verdict (JNOV)
if no evidence supports the jury's findings, or if a directed verdict would have been proper. Tiller v.
McClure, 121 S.W.3d 709, 713 (Tex. 2003) (citing Brown v. Bank of Galveston, Nat'l Ass'n, 963 S.W.2d
511, 513 (Tex. 1998)); Williams v. Briscoe, 137 S.W.3d 120, 124 (Tex. App.--Houston [1st Dist.] 2004, no
pet.). To determine whether a JNOV is appropriate, we apply the standards that govern "no evidence," i.
e., legal-sufficiency, review. See Wal-Mart Stores, Inc. v. Miller, 102 S.W.3d 706, 709 (Tex. 2003);
Williams, 137 S.W.3d at 124; see also City of Keller v. Wilson, 168 S.W.3d 802, 823 (Tex. 2005) ("[T]he
test for legal sufficiency should be the same for summary judgments, directed verdicts, judgments
notwithstanding the verdict, and appellate no-evidence review.").
B&W Supply, Inc. v. Beckman (Tex.App.- Houston [1st Dist.] Apr. 9, 2009)(Keyes)
(JNOV, breach of contract, excuse defense, lost profit damages, DTPA counterclaim)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes
The Kroger Co. v. Shaw (Tex.App.- Houston [1st Dist.] Jan 30, 2009)(Alcala)
(premises liability lawsuit, JNOV, actual or constructive knowledge)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-00030-CV The Kroger Company v. Betty Shaw and Robert Shaw
Appeal from 149th District Court of Brazoria County
Trial Court Judge: Hon. Robert E. May
